Vol. 38 Iss. 12 - January 31, 2022



Initial Agency Notice

Title of Regulation: 18VAC90-26. Regulations for Nurse Aide Education Programs.

Statutory Authority: § 54.1-3005 of the Code of Virginia.

Name of Petitioner: Gary Bahena.

Nature of Petitioner's Request: To amend regulations to allow for the following: (i) the use of licensed hospitals for clinical education rather than nursing homes; (ii) the elimination of requirement that RNs and LPNs serving as clinical instructors have experience working in nursing homes; and (iii) an allowance for clinical instructors to be on site and to perform their regular work at the same time but reduce the ratio from 10 to one to four to one for students to instructor.

Agency Plan for Disposition of Request: In accordance with Virginia law, the petition will be published on January 17, 2022, in the Virginia Register of Regulations and also posted on the Virginia Regulatory Town Hall at to receive public comment ending February 8, 2022.

Following receipt of all comments on the petition to amend regulations, the board will decide whether to make any changes to the regulatory language. This matter will be on the board's agenda for its first meeting after the comment period, which is scheduled for March 22, 2022. The board will inform the petitioner of its decision after that meeting.

Public Comment Deadline: February 20, 2022.

Agency Contact: Jay P. Douglas, R.N., Executive Director, Board of Nursing, 9960 Mayland Drive, Suite 300, Richmond, VA, 23233, telephone (804) 367-4520, or email

VA.R. Doc. No. PFR22-16; Filed January 10, 2022, 2:20 p.m.